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Approved_reso_2024-113_Surplus_Exempt.pdf

Fontana City Council
February 11, 2025

Document
Approved_reso_2024-113_Surplus_Exempt.pdf
Meeting
February 11, 2025
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Fontana City Council
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3
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492 KB
Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.

Docusign Envelope ID: F8D2C0DA-90F0-4E17-B345-658BEB0EFBFC RESOLUTION NO. 2024-113

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221

THAT REAL PROPERTY OWNED BY THE AGENCY LOCATED AS

SHOWN ON THE ATTACHED LEGAL DESCRIPTION IS EXEMPT

SURPLUS LAND FOR PURPOSES STATED HEREIN, AND FINDING

THAT SUCH DECLARATION AND AUTHORIZATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of Fontana (the "Agency" or the "City") is the owner of that certain real property described in Exhibit "A 1" and Exhibit "A 2" attached hereto anc incorporated herein, which is approximately 252 square feet and approximately 111 square feet respectively, for a total of 363 square feet in size, located in the City of Fontana ("Property"); and
WHEREAS, the Property is less than one half acre in area, or 21,780 square feet, and it is not contiguous to land owned by a state or local agency that is used for open- space or low- and moderate-income housing purposes; and WHEREAS, the City no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code, section 54220 et seq. (as amended, the "Act"), applies when a local agency disposes of "surplus land," as that term is defined in Government Code, section 54221; and
WHEREAS, the Property is "surplus land" under the Act, because it is land owned in fee simple by the Agency for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the Agency's use; and
WHEREAS, the Property may be declared exempt surplus land if it is less than one-half acre in area and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing (Government Code, section 54221(f)(1)(B)); and
WHEREAS, the Property does not meet any of the criteria listed in Government Code section 54221(f)(2).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Page 1 of 3 ends

Docusign Envelope ID: F8D2CODA-90FO-4E17-B345-658BEB0EFBFC Resolution No. 2024-113
Section 2. The City Council hereby finds that (i) the Property is no longer necessary for the Agency's use, and (ii) the Property is smaller than one-half acre in area because it is a total of 363 square feet, and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing.

Section 3. The City Council therefore declares that the Property is exempt surplus land pursuant to section 54221(f)(1)(B) of the Act.

Section 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.) ("CEQA"). Agency staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 6. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 8t' of October, 2024.

READ AND APPROVED AS TO LEGAL FORM:

Ruben Duran
City Attorney
1, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the action resolution duly and regularly adopted by the City Council at a regular meeting held on the 8'h day of October, 2024, by the following vote to wit:

AYES: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts and Sandoval NOES: None
ABSENT: Council Member Cothran
ABSTAIN: None

Page 2 of 3 ends

Docusign Envelope ID: F8D2CODA-90F0-4E17-B345-658BEB0EFBFC Resolution No. 2024-113
Germaine tey
City Clerk of the City of Fontana
Acquanetta Warren
Mayor of the City of Fontana
ATTEST:

Germaine key
City Clerk

Page 3 of 3 ends

Docusign Envelope ID: F8D2CODA-90F0-4E17-B345-658BEBOEFBFC Exhibit "A 1"
Legal Description
APN: 1118-031-05
EXHIBIT "A" SHEET 1 OF 1

STREET VACATION

LEGAL DESCRIPTION
OMMENCING AT THE CENTERLINE INTERSECTION OF DUNCAN CANYON ROAD (34.00 FEE ALF-WDTH) AND CONDOR AVENUE (32.00 FEET HALF-WIDTH) AS SHOWN ON TRACT A 18820-1. IN SAID CITY, COUNTY AND STATE, AS PER MAP FILED IN BOOK 338 PAGES 5 THROUGH 65, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAIL THAN, EASTER 21 GAST STERLY TO THE PON OF SEE CENTERINE OF DUNCAN CANTON THENCE CONTINUING EASTERLY, NORTH 89'32'16" EAST 0.08 FEET; 3500 FEE, MEASURED FAITH A LES ROSAN ALL PRONOUTHERLY
CENTERLINE OF DUNCAN CANYON ROAD;
027'44" WEST;

THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 89'32'16", AN ARC LENGTH OF 53.13 FEET;
THENCE NORTH O'00'00" EAST 0.27 FEET TO THE POINT OF BEGINNING.

CONTAINING: 252 SQUARE FEET OR 0.006 ACRES, MORE OR LESS.

EXHIBIT "8" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY IF ANY.

SURVEYOR: LAND
K.
_ast Update: 12/5/23
PREPARED UNDER THE DIRECTION OF: NAMERA GALI SURVEYOR,
/Thienes Engineering, Inc. Muo ali 120020 NO. 9123

ENGINEERING LAND SURVEYING

FIRESTONE BOULEVARD DATE LAT OF CAFET
CALIFORNIA 90838 •L.S. NO 912
EG. EXP. SEPT. 30. 202.

A-1
Docusign Envelope ID: F8D2C0DA-90F0-4E17-B345-658BEB0EFBFC Exhibit "A 2"
Legal Description
APN: 1118-031-05
SHEET 1 OF 1
EXHIBIT "A"

STREET VACATION

LEGAL DESCRIPTION
THENCE EASTERLY ALONG SAID PARALLEL LINE, NORTH 89'32'16" EAST 87.64 FEET; THENCE SOUTH 8753'07" WEST 87.67 FEET TO A POINT ON SAID WESTERLY LINE; THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00'32'53" WEST 2.53 FEET TO THE POINT OF BEGINNING.

CONTAINING: 111 SQUARE FEET OR 0.003 ACRES, MORE OR LESS.

EXHIBIT "g" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS ANI

RIGHTS-OF-WAY, IF ANY
SURVEYOR: • LAND
K.
ost Update:12/5/23
: \3991\ESMT\ST VAC\ 3994_ST VAC-WLY SLIVER.dwg PREPARED UNDER THE DIRECTION OF:
/Thienes Engineering, Inc. antali 12/0512 NO. 9123
CIVIL ENGINEERING • LAND SURVEYING
4VEEN K. GA. DATE
CALIFORNIA 90638 L.S. NO. 912
EG. EXP. SEPT. 30, 202
A-2
Docusign Envelope ID: F8D2CODA-90F0-4E17-B345-658BEB0EFBFC SCALE: 1"= 50° EXHIBIT "B" SHEET 1 OF 1

STREET VACATION
PLAT 32 32'.1
Z
DUNCAN CANYON ROAD P.O.B.

P.o.C
P.O.B.

P.O.C.

N 93205 E
N 00000 E
R-34.00 1-5315 4-89*3216 34.00$ N0°3338

34.14 N 89'32'16'E
1/2 NW 1/4 NW 1/4
SECTION 20. T1N. R5W. SBM
LEGEND:

SURVEYOR:

VILIZA NREAT S CATO TF к.

CONTAINS: 2536 ac. 7
P.O.B. POINT OF BEGMENCEMENT Naueentali 12105/23 NO. 9123 NA VEEN K. GAL DATE
/Thienes Engineering, Inc. P.L.S. NO. 9123
CIVI ENCINFERING •LAND SURVEYNG REG. EXP, • SEPT. 30, 2024 MIRADA, CALIFORNIA 90638

4.(714)521-4811 FAX(714)521-4173 D: S94 ESM2 (S/ VAC|304.,ST VAC-ELY TRIANGULAR-JIN9 B-1
DocuSign
Certificate Of Completion
Envelope Id: F8D2CODA90F04E17B345658BEB0EFBFC Status: Completed Subject: Please Sign revised Resolution 2024-113
Source Envelope:

Document Pages: 6 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 City Clerk
AutoNav: Enabled 8353 Sierra Avenue
Envelopeld Stamping: Enabled Fontana, CA 92335
Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email protected] IP Address: 192.146.186.96
Record Tracking
Status: Original Holder: City Clerk Location: DocuSign
10/16/2024 | 09:44 AM [email protected]
Signer Events Signature Timestamp
Ruben Duran Sent: 10/16/2024 | 09:45 AM
[email protected] Ruben Duran Viewed: 10/20/2024 |01:24 PM City Attorney Signed: 10/20/2024 | 01:25 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Electronic Record and Signature Disclosure:

Accepted: 10/20/2024 | 01:24 PM
ID: b8698110-6a5a-4060-a840-a2d6f5c16ae4
Acquanetta Warren Sent: 10/20/2024 | 01:25 PM
[email protected] Acquanetta Warren Viewed: 10/20/2024 | 02:01 PM Security Level: Email, Account Authentication Signed: 10/20/2024 | 02:02 PM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.227.116.13
Signed using mobile
Electronic Record and Signature Disclosure:

Accepted: 10/20/2024 | 02:01 PM
ID: 109b513c-4385-4841-b94c-70d83634c992
Germaine Key Sent: 10/20/2024 | 02:02 PM
[email protected] Germaine key Viewed: 10/20/2024 | 03:36 PM Security Level: Email, Account Autentication Signed: 10/20/2024 | 03:36 PM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.195.195.124
Signed using mobile
Electronic Record and Signature Disclosure:

Accepted: 10/20/2024 | 03:36 PN
ID: b1b308a1-b4a9-4e99-98a0-569087cfcc1(
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kathy Kasinger Sent: 10/20/2024 | 03:36 PM
[email protected] COPIED Viewed: 10/21/2024 | 08:20 AM Records Coordinator
Security Level: Email, Account Authentication
Electronic Record and Signature Disclosure:

Accepted: 8/12/2024|11:49 AM
ID: 110b28a7-9576-4058-ac79-3dd5ee7f7b8c
Wendy Duenas Sent: 10/20/2024 | 03:36 PM
[email protected] COPIED
Security Level: Email, Account Authentication
(None)
Elector ofered a ancisignature Disclosure:

Sylvia Frausto Sent: 10/20/2024 | 03:36 PM
[email protected] COPIED
Sourly Level: Email, Account Authentication
Electronic Record and Signature Disclosure:

Accepted: 2/7/2024 | 12:50 PM
ID: 49c9388a-6e97-416a-b046-b52c62aa748b
Christina Rudsell Sent: 10/20/2024 | 03:36 PM
[email protected] COPIED
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/16/2024|09:45 AM
Certified Delivered Security Checked 10/20/2024 | 03:36 PM Signing Complete Security Checked 10/20/2024 | 03:36 PM Completed Security Checked 10/20/2024 | 03:36 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 2/2/2017 | 06:54 AM Parties agreed to: Ruben Duran, Acquanetta Warren, Germaine Key, Kathy Kasinger, Sylvia Frausto

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